Land Reform (Scotland) Act 2025

Prospective

10 Review of Part 1 S

(1) The Land Commissioners must, in pursuance of their function under section 22(1)(a) of the Land Reform (Scotland) Act 2016, review the impact and effectiveness of this Part.

(2) The review must evaluate the impact and effect of this Part on islands and island communities (within the meaning of the Islands (Scotland) Act 2018).

(3) The review must consider the appropriateness of this Part’s application to land as described in section 44F of the Land Reform (Scotland) Act 2016 and sections 46L and 67H of the Land Reform (Scotland) Act 2003, having particular regard to the size of the areas of land, and whether the size of the areas needs to be reduced.

(4) The review must consider the appropriateness of this Part’s application to land as described in section 44F of the Land Reform (Scotland) Act 2016 and sections 46L and 67H of the Land Reform (Scotland) Act 2003, having particular regard to what land is to be treated as contiguous and what land forms a composite holding.

(5) The review must consider—

(a) whether there is greater transparency of land ownership and management as a result of this Part,

(b) whether communities are experiencing greater involvement in decisions about the land on which they live and work as a result of this Part,

(c) any impact that this Part has had on the amount of land purchased by community bodies,

(d) whether there is a greater diversification of land ownership as a result of this Part and, if so, the impact this has had on community sustainability,

(e) whether the thresholds for the land to which section 44F of the 2016 Act and sections 46L and 67H of the 2003 Act apply should be amended,

(f) whether there are any loopholes that have been identified in the application of this Part,

(g) any negative unintended consequences of this Part.

(6) The review must be completed no later than 5 years after the day on which this section comes into force.

(7) As soon as reasonably practicable after completing the review, the Land Commissioners must—

(a) prepare a report of the review’s findings,

(b) lay a copy of the report before the Scottish Parliament, and

(c) make the report publicly available.

(8) Within 1 year of a report being laid before the Parliament in accordance with subsection (7)(b), the Scottish Ministers must—

(a) prepare a response to the report which includes—

(i) a statement of any action the Scottish Ministers intend to take as a result of the review’s findings, and

(ii) where the Scottish Ministers do not intend to take any action, a statement of their reasons for that,

(b) lay a copy of the response before the Parliament, and

(c) make the response publicly available.

Commencement Information

I1 S. 10 not in force at Royal Assent, see s. 47(2)